THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY REFERRED TO AS THIS “AGREEMENT") GOVERN THE SHOPPER’S VOICE MEMBER SERVICES INCLUDING BUT NOT LIMITED TO THE SHOPPER’S VOICE WEB SITE AND EMAILS OFFERED BY SHOPPER’S VOICE TO YOU (COLLECTIVELY THE “SERVICES" OR “SHOPPER’S VOICE MEMBER SERVICES"). BY REGISTERING WITH SHOPPER’S VOICE AND/OR USING ANY OF THE SERVICES OFFERED BY SHOPPER’S VOICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, WHICH INCORPORATES OUR PRIVACY POLICY AND ANY OTHER POLICIES GOVERNING THE USE OF THE SERVICES OR OUR WEBSITE THAT ARE POSTED ON OUR WEBSITE OR PROVIDED TO YOU EITHER ELECTRONICALLY OR OTHERWISE IN WRITING (COLLECTIVELY REFERRED TO AS “POLICIES"). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR OUR POLICIES, YOU MAY NOT ACCESS OR USE THE SERVICES.

Shopper’s Voice may make changes to this Agreement from time to time. If we make any substantial changes to this Agreement, we will notify you via email and/or post an announcement on our site. You may also request updated versions of our Terms and Conditions by writing us at the address indicated below under Contact Us. If you do not agree to these changes as they may occur, please terminate your registration with Shopper’s Voice immediately by notifying Shopper’s Voice of your unwillingness to accept the changes to this Agreement and by discontinuing your use of Shopper’s Voice. Your continued use of the Services constitutes your acceptance of the provisions of this Agreement and any such changes therein.

1. Services

When registering to use our Services, you agree to provide accurate, current and complete information to Shopper’s Voice, to let Shopper’s Voice know of any changes to this information, and to receive notices and communication electronically or otherwise. Failure to do so may result in termination of the provision of Services to you. Shopper’s Voice reserves the right, at its sole discretion, to immediately and without notice, suspend or terminate Services to you. Shopper’s Voice also reserves the right to modify or discontinue the Services temporarily or permanently, without notice to you, and you agree that Shopper’s Voice shall not be liable for any such modifications or any discontinuation of the Services.

The Shopper’s Voice Member Services are only available to individuals 18 years of age or older who are residents of Canada or the United States. By registering and using the Shopper’s Voice Member Services, you represent that you are 18 years of age or older.

If you are dissatisfied with any of the Shopper’s Voice Member Services, or with this Agreement, your sole and exclusive remedy is to discontinue using the Shopper’s Voice Member Services.

2. Member Profile Information

When you register for our Services, you will be required to provide Shopper’s Voice with information including but not limited to: your name, address, and email address. In addition, you may choose to provide Shopper’s Voice with additional information, including but not limited to, demographic information such as age, gender and occupation.

You will receive a password, assigned to you by Shopper’s Voice, in the initial email you receive. You are responsible for maintaining the confidentiality of your password, and you are responsible for all uses of your password, whether or not authorized by you. You agree to notify us immediately in the event that your password is compromised for any reason.

3. Proprietary Rights

Copyright 2004-2023, Epsilon Interactive CA, ULC

The website, emails sent to you as part of our Services, and all content provided, including, without limitation, text, graphics, software, music, sound, photographs, and videos and any other content (collectively the “Content") is protected by copyright, and other intellectual property and proprietary laws, and is owned, controlled and/or licensed by Epsilon Interactive CA, ULC and/or its affiliates or other third parties.

Shopper’s Voice® is a trademark of Epsilon Interactive CA, ULC, owned by Epsilon Data Management, LLC. All other product, brand and company names and logos used on the Shopper’s Voice website, in emails or associated with Shopper’s Voice Member Services are the trademarks or registered marks of Shopper’s Voice or the identified owner.

You are free to display and print for your personal, non-commercial use, information received through Shopper’s Voice. All other copying, use, distribution or creation of derivative works of the available Content is expressly prohibited unless otherwise expressly authorized in writing by Shopper’s Voice, or the third-party owner of other Content]. Shopper’s Voice reserves all rights in the content not expressly granted to you in this paragraph.

4. Links

Shopper’s Voice may provide links to third parties’ websites and/or services. These sites are independently developed and managed by such third parties and links are provided by Shopper’s Voice to you as references to help you locate Internet resources that may be of interest. Shopper’s Voice makes no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might make against us with respect to such sites and their operators. You may order products and/or services through links to third parties.

ALL MATTERS CONCERNING THE PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, DELIVERY, AND/OR ANY DISPUTES ARE SOLELY BETWEEN YOU AND THE MERCHANTS WITH WHOM YOU CHOOSE TO DO BUSINESS. WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY GOODS OR SERVICES PROVIDED BY THOSE MERCHANTS. SHOPPER’S VOICE WILL NOT BE CONSTRUED AS A PARTY TO SUCH TRANSACTIONS WHETHER OR NOT WE MAY HAVE RECEIVED SOME FORM OF REVENUE OR OTHER REMUNERATION IN CONNECTION WITH THE TRANSACTION. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF SUCH TRANSACTION.

5. Disclaimer of Warranties

SHOPPER’S VOICE MEMBER SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS AND SHOPPER’S VOICE TAKES NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF THE CONTENT, INFORMATION, CLAIMS OR STATEMENTS MADE. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OR CONTENT OFFERED BY SHOPPER’S VOICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOPPER’S VOICE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Shopper’s Voice does not make any warranty that its Services will meet your requirements, or that any Service offered by Shopper’s Voice will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected.

You understand and agree that any Content, material and/or data downloaded or otherwise obtained through the use of any Service offered by Shopper’s Voice is at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content, material, data and/or the transmission of confidential or sensitive information over the Internet. Shopper’s Voice is not responsible for any errors or omissions or for the results obtained from the use of such Content or information. The Content or information is provided for informational purposes only with the understanding that neither Shopper’s Voice nor its members, while such members are participating in Shopper’s Voice, are engaged in rendering legal, medical, counseling or other professional services or advice.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SHOPPER’S VOICE OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY SHOPPER’S VOICE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY SHOPPER’S VOICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF SHOPPER’S VOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnity

You agree to indemnify and hold each of Shopper’s Voice, their parents, subsidiaries, affiliates, officers and employees, harmless from any claims, liabilities or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of this Agreement or your use of the Services.

8. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without giving effect to its conflict of laws and provisions. Shopper’s Voice makes no representation that the information on our site or available through the Service is appropriate or available for use in other locations, and access to our site or Service from certain territories may be prohibited. If you choose to access our site or Service from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws.

Any controversy or claim arising out of or relating to these terms and conditions, our site, or Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ontario, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof

9. Business Transfers

You acknowledge that Shopper’s Voice may disclose your personal information to third parties as we believe necessary or appropriate, in connection with a proposed or actual merger, consolidation, financing, securitization, insuring, sale, assignment or other disposal of all or part of Shopper’s Voice or our business or assets, for the purposes of evaluating and/or performing the proposed or actual transaction provided that such a third party agrees to use and/or disclose your personal information for purposes that are consistent with this Privacy Policy.

10. Contact Us

For general questions regarding Shopper’s Voice or this Agreement, please contact us:

By email: contactus@mail.ShoppersVoice.com

By mail:
Epsilon
Privacy Officer
P.O. Box 1478
Broomfield, CO 80036

11. Entire Agreement

This Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings. Shopper’s Voice failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any legally unenforceable provision of Agreement will, at the election of Shopper’s Voice, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable. Sections 3, 5, 6, 7 and 8 shall survive termination or expiration of this Agreement.